Hudson Scenic Studio, Inc. v. Global Scenic Services
Claim Number: FA1410001587174
Complainant is Hudson Scenic Studio, Inc. (“Complainant”), represented by David M. Perry of Blank Rome LLP, Pennsylvania, USA. Respondent is Global Scenic Services (“Respondent”), represented by Jonathan B. Orleans of Pullman & Comley, LLC, Connecticut, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <hudsonscenicstudio.com> and <hudsonscenicstudios.com>, registered with Godaddy.Com, LLC.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Bruce E. O'Connor as Panelist.
This decision is being rendered in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the National Arbitration Forum’s UDRP Supplemental Rules (the “Supplemental Rules”).
Complainant submitted a Complaint to the National Arbitration Forum electronically on October 28, 2014; the National Arbitration Forum received payment on October 28, 2014.
On October 29, 2014, Godaddy.Com, LLC confirmed by e-mail to the National Arbitration Forum that the <hudsonscenicstudio.com> and <hudsonscenicstudios.com> domain names are registered with Godaddy.Com, LLC and that Respondent is the current registrant of the names. Godaddy.Com, LLC has verified that Respondent is bound by the Godaddy.Com, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the Policy.
On October 30, 2014, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 19, 2014 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@hudsonscenicstudio.com and postmaster@hudsonscenicstudios.com. Also on October 30, 2014, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
A timely Response was received and determined to be complete on November 19, 2014.
On November 21, 2014, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. O'Connor as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2.
Complainant requests that the domain names in dispute (the "Domain Names") be transferred from Respondent to Complainant.
A. Complainant
Complainant owns the HUDSON SCENIC STUDIO mark through registration with the United States Patent and Trademark Office ("USPTO") (Reg. No. 2,898,534, registered Nov. 2, 2004). Complainant uses the mark for the design of automated theatrical scenery. The Domain Names are confusingly similar to the HUDSON SCENIC STUDIO mark.
Respondent has no legitimate right to the Domain Names. Respondent cannot show that it was ever commonly known by the Domain Names. Respondent’s only use for the Domain Names is to trade off of the goodwill of Complainant. The Domain Names divert users to Respondent’s own website, which is neither a bona fide offering of goods or services, nor a legitimate non-commercial or fair use.
Respondent registered and is using the Domain Names in bad faith. Respondent has used these Domain Names in an attempt to attract consumers by redirecting users to its own website. Further, Respondent had actual knowledge of Complainant and its trademark rights at the time the Domain Names were registered as evidenced by prior relations.
B. Respondent
Respondent admits that Complainant owns the HUDSON SCENIC STUDIO mark and that Respondent registered the Domain Names on or about February 14, 2014. Respondent denies the remaining contentions of Complainant.
Respondent consents to the transfer of the Domain Names to Complainant.
The Panel finds that, pursuant to the contention of Complainant and the admission of Respondent, Complainant owns the HUDSON SCENIC STUDIO mark. No other findings are made by the Panel.
CONSENT TO TRANSFER
Respondent consents to transfer the Domain Names to Complainant.
The Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the Domain Names. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”); see also Tractor Supply Company v. Texas International Property Associates NA NA, D2008-1547 (WIPO Dec. 16, 2008) ("[P]aragraph 4(i) of the Policy limits the remedies of Complainant, to either cancellation or transfer of the disputed domain names. The consent to transfer give the Complainant the relief to which it is entitled and that the Panel is authorized to give - nothing less, nothing more.").
Accordingly, it is Ordered that the <hudsonscenicstudio.com> and <hudsonscenicstudios.com> domain names be TRANSFERRED from Respondent to Complainant.
Bruce E. O'Connor Panelist
Dated: December 4, 2014
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